City of Elizabeth v. Aydlett
This text of 156 S.E. 163 (City of Elizabeth v. Aydlett) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Section 8 of chapter 250, Public Laws 1923, provides that in case any building or structure is erected or maintained in violation of any ordinance or regulation adopted in pursuance thereof, the proper authorities of the municipality, in addition to other remedies, may institute any appropriate action or iiroceeding to restrain or abate *59 sucb unlawful erection, maintenance, occupancy or use, and to prevent any illegal act in connection therewith.
This differentiates the case from Elizabeth City v. Aydlett, 198 N. C., 585, 152 S. E., 681, and the trial court was in error in holding that plaintiff was precluded from testing the matter by injunction. 14 E. O. L., 379.
The validity of the ordinance is not involved on the present appeal. The appropriateness of the remedy selected by plaintiff is the only question presented for decision.
Error.
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Cite This Page — Counsel Stack
156 S.E. 163, 200 N.C. 58, 1930 N.C. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-elizabeth-v-aydlett-nc-1930.